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[AS AMENDED IN PUBLIC BILL COMMITTEE] |
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Make provision about the police; to make provision about prostitution, sex |
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offenders, sex establishments and certain other premises; to make provision |
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for reducing and dealing with the abuse of alcohol; to make provision about |
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the proceeds of crime; to make provision about extradition; to amend the |
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Aviation Security Act 1982; to make provision about criminal records and to |
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amend the Safeguarding Vulnerable Groups Act 2006 and the Safeguarding |
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Vulnerable Groups (Northern Ireland) Order 2007; to confer, extend or |
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facilitate search, forfeiture and other powers relating to the United Kingdom’s |
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borders or elsewhere; to make further provision for combatting crime and |
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disorder; to repeal redundant provisions; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Duty of police authorities in relation to public accountability |
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(1) | In section 6(2) of the Police Act 1996 (c. 16) (matters to which police authorities |
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must have regard in discharging their functions) after paragraph (a) insert— |
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“(aa) | the views of people in the authority’s area about policing in that |
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(2) | In section 54(2A) of that Act (inspection and report powers of inspectors of |
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constabulary) after “with” insert “the requirement to have regard to the views |
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of people in its area about policing in that area and its compliance with”. |
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Appointment of senior officers |
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2 | Police Senior Appointments Panel |
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(1) | In the Police Act 1996 (c. 16) after section 53A insert— |
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“Police Senior Appointments Panel |
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53B | Police Senior Appointments Panel |
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(1) | There shall be a Police Senior Appointments Panel constituted in |
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accordance with arrangements made by the Secretary of State. |
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(2) | The arrangements shall provide for the panel to consist of— |
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(a) | a chair and other members appointed by the Secretary of State, |
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(b) | representative members. |
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(3) | The representative members shall consist of— |
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(a) | persons nominated by the Secretary of State, |
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(b) | persons nominated by the Association of Police Authorities, |
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(c) | persons nominated by the Association of Chief Police Officers. |
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(4) | A person may be nominated as a representative member for a |
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particular meeting, for a particular period or otherwise. |
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(5) | Arrangements under subsection (1) may, in particular, include |
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(a) | the panel’s proceedings; |
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(b) | annual or other reports. |
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(6) | Before making (or revising) arrangements under subsection (1) the |
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Secretary of State shall consult— |
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(a) | the Association of Police Authorities, and |
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(b) | the Association of Chief Police Officers. |
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(7) | The Secretary of State may make staff available to the panel; and |
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arrangements under subsection (1) may include provision about staff. |
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(8) | The Secretary of State may— |
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(a) | pay fees to the chair and members of the panel appointed by the |
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(b) | defray expenses incurred by the panel. |
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(1) | The Police Senior Appointments Panel shall advise the Secretary of |
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State on any matter about which it is consulted by the Secretary of |
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State in connection with— |
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(a) | the appointment of a senior officer, or |
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(b) | the giving of consent under section 12A(4) or under section 25 |
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of the City of London Police Act 1839. |
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(2) | The panel shall advise the Secretary of State and police authorities |
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(a) | ways to increase the pool of potential candidates for |
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appointment as a senior officer, and |
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(b) | the training and development needs of potential candidates for |
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(3) | The Secretary of State may refer any report made by Her Majesty’s |
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Inspectors of Constabulary to the panel. |
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(4) | Following such a referral the panel shall consider the report and advise |
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the Secretary of State and police authorities on any matters which it |
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thinks appropriate in connection with— |
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(a) | the training and development needs of senior officers; |
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(b) | other matters relating to senior officers. |
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(5) | In discharging its functions under subsections (2) and (4) the panel may |
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give advice to police authorities in general or to any one or more police |
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(6) | In this section “senior officer” means— |
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(a) | a member of a police force holding a rank above that of chief |
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(b) | the Commissioner of Police for the City of London. |
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53D | Power to confer additional functions |
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(1) | The Secretary of State may by order confer additional functions on the |
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Police Senior Appointments Panel. |
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(2) | An order under subsection (1) may, in particular, confer advisory or |
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other functions on the panel in connection with the appointment of |
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senior officers (within the meaning of section 53C(6)). |
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(3) | An order under this section may make transitional, consequential, |
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incidental and supplemental provision or savings. |
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(4) | Before making an order under this section the Secretary of State shall |
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(5) | A statutory instrument containing an order under this section is subject |
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to annulment in pursuance of a resolution of either House of |
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(2) | In section 54 (appointment and functions of inspectors of constabulary) omit |
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subsection (3A) (delegation of Secretary of State’s functions relating to |
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approval of appointments, etc). |
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(3) | In Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (persons subject |
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to general statutory duty) insert at the appropriate place— |
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“The Police Senior Appointments Panel.” |
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(4) | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public |
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authorities) insert at the appropriate place— |
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“The Police Senior Appointments Panel”. |
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3 | Regulations about senior officers |
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In section 50 of the Police Act 1996 (c. 16) (regulations for police forces) after |
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“(6A) | Without prejudice to the powers conferred by this section, regulations |
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under this section may make provision with respect to— |
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(a) | steps to be taken in connection with the appointment of senior |
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(b) | payments to senior officers who cease to hold office before the |
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end of a fixed term appointment. |
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(6B) | In subsection (6A) “senior officer” means— |
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(a) | a member of a police force holding a rank above that of chief |
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(b) | the Commissioner of Police for the City of London.” |
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4 | Metropolitan police force appointments |
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(1) | The Police Act 1996 (c. 16) is amended as follows. |
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(2) | In section 9F (Assistant Commissioners of Police of the Metropolis) for |
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subsection (2) substitute— |
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“(2) | Any appointment of an Assistant Commissioner shall be made, in |
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accordance with regulations under section 50, by the Metropolitan |
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(2A) | Before appointing an Assistant Commissioner the Metropolitan Police |
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(a) | consult the Commissioner of Police of the Metropolis, and |
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(b) | obtain the approval of the Secretary of State.” |
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(3) | In section 9FA (Deputy Assistant Commissioners of Police of the Metropolis) |
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for subsection (2) substitute— |
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“(2) | Any appointment of a Deputy Assistant Commissioner shall be made, |
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in accordance with regulations under section 50, by the Metropolitan |
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(2A) | Before appointing a Deputy Assistant Commissioner the Metropolitan |
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(a) | consult the Commissioner of Police of the Metropolis, and |
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(b) | obtain the approval of the Secretary of State.” |
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(4) | In section 9G (Commanders in the metropolitan police force) for subsection (2) |
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“(2) | Any appointment of a Commander in the metropolitan police force |
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shall be made, in accordance with regulations under section 50, by the |
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Metropolitan Police Authority. |
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(2A) | Before appointing a Commander in the metropolitan police force the |
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Metropolitan Police Authority shall— |
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(a) | consult the Commissioner of Police of the Metropolis, and |
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(b) | obtain the approval of the Secretary of State.” |
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